Reading ComprehensionDifficulty: Hard

PT141 S1 P4 Q26 Explanation

Rectification of Past Property Injustice

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsAuthor OpinionLaw

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Passage

Passage

There are two principles that are fundamental to a theory of justice regarding property. The principle of justice in acquisition specifies the conditions under which someone can legitimately come to own something that was previously not owned by anyone. The principle of justice in of property from one person to another is justified.

Given such principles, if the world were wholly just, the following definition would exhaustively cover the regarding property:

1. A person who acquires property in accordance with the principle of justice in acquisition that property.

2. A person who acquires property in accordance with the principle of justice in transfer, from someone else who is entitled entitled to the property.

3. No one is entitled to any property except by (repeated) applications and 2.

However, not all actual situations are generated in accordance with the principles of justice in acquisition and justice in transfer. Some people steal from others or defraud them, for example. The existence of past injustice raises the issue of the rectification of injustice. If past injustice has shaped present ownership in various should have resulted. Actual ownership of property must then be brought into conformity with this description.

Passage

In 1790, the United States Congress passed the Indian Nonintercourse Act, which requires that all transfers of lands from Native Americans to others be approved by the federal government. The law has not been changed in any relevant respect, and it remains in effect today. Its purpose is clear. It was meant tribes for recovery of lands held by them when the Nonintercourse Act took effect.

One natural (one might almost say obvious) way of reasoning about Native American claims to land in North America is this: Native Americans were the first human occupants of this land. Before the European invasion of North America, the land belonged to them. In the course of that invasion and its aftermath, easily be righted by returning the land to them—or by returning it wherever that is feasible.

What this question is testing

Author Opinion

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
26.

The author of passage A would be most likely to characterize the purpose of the Indian Nonintercourse Act as which

Answer choices

  1. Unsupported: legitimize actual holdings6% picked this

    legitimization of actual property holdings during the

    The INA was meant to ensure there were legitimate transfers of actual property holdings, from Native Americans to non-Native Americans. But this answer is saying something more like, "the INA was meant to say whatever everyone currently has is legitimately theirs". It definitely isn't described as having that sort of mandate.

  2. Unsupported: clarifying laws8% picked this

    clarification of existing laws regarding transfer

    The passage doesn't suggest that the INA made any tweaks or clarifications to existing transfer laws. This answer would be pretty good if it said, "enforcement of existing laws regarding transfer of property". We don't get the impression that the INA was changing property transfer, just making sure in the case of Native American land holdings, that everything was being transferred in a proper way.

  3. Bad Match: acquisition15% picked this

    assurance of conformity to the principle of justice

    This answer seems like it would be correct if we just switched 'acquisition' to 'transfer'. Since the INA was meant to safeguard transfers of property against fraud / theft, we should be able to say that its goal was to "assure conformity to the principle of justice in transfer".

  4. Correct48% picked this

    prevention of violations of the principle of justice

    Why this is right

    The INA forced Native Americans who wanted to transfer ownership of their lands to non-Native Americans to run it by the government. Why? Because, Passage A would say, "Some people steal from others or defraud them". Those would be violations of the principle of justice in transfer, and that's what the INA was hoping to prevent.

    Skill tested: Author Opinion · how this choice captures the passage's function is the move to repeat next time.

  5. Unsupported: rectification23% picked this

    implementation of a principle of

    The principle of rectification, as applied to Native Americans, would mean giving them back all the land that was illicitly taken (by force) by the Colonists. The INA wasn't about giving land back to Native Americans. It had to do with Native Americans given their land away to non-Native Americans. The INA was just trying to make sure that Native Americans weren't suckered into any shady deals going forward, not trying to rectify past injustices.

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